NGT seeks status report on illegal construction by Shimla hotel

SHIMLA: On the issue of alleged illegal construction on the Mall here by a private hotel and throwing of the debris in a nullah flowing between the said hotel and Indira Gandhi Sports Complex, the National Green Tribunal (NGT) has directed the secretary, town and country planning department, Himachal Pradesh, to furnish the status on the enforcement of its order in Yogendra Mohan vs state of HP before the next date on October 15. The tribunal had received an application by post last year, stating that the unauthorized constructions were being carried out on the Mall by a hotel near the nullah flowing between the said hotel and the sports complex and the muck was being dumped in a haphazard manner into it. The tribunal vide order dated November 27 last year had sought a report from the supervisory committee headed by the secretary, urban development. Accordingly, through an e-mail dated April 22, a report was filed by the director, town and country planning department, stating that a stay had been granted in the matter by Additional District Judge, Shimla, against the demolition of unauthorized construction. While hearing the matter on Thursday, a principal bench of the tribunal headed by its chairperson Justice Adarsh Kumar Goel said the report furnished by the director, town and country planning department on April 22 said the illegal construction could not be demolished on account of the stay granted by the court and that the matter was pending before the Additional District Judge, Shimla. He said the tribunal vide order dated May 28 had sought explanation as to why the illegal construction was allowed in violation of the judgement of this tribunal. “The commissioner, MC, Shimla, and the director, town and country planning department, were required to remain present. The officers present today are unable to furnish any meaningful explanation,” it added.

In the judgment in Yogendra Mohan vs state of HP, the tribunal had observed that unplanned and indiscriminate development in the core, non-core, green and rural areas in Shimla planning area had given rise to serious environmental and ecological concerns. It further said over the past, and even in different cases before the tribunal, it had come on record that there were inadequate facilities with regard to water supplies, sewage treatment, collection and segregation of different kinds of waste. It said the indiscriminate constructions contrary even to the interim development plan had been raised in various parts of Shimla, including the forest/green areas. Natural environs of Shimla has already been disturbed due to felling of trees by foul means to give way for construction.